. 

. v. cueIMAno 
TWENTY FOURTH JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON

[in it??

STATE OF LOUISIANA

DOCKET NO.: 

SCOTT W. MCQUAIG
VERSUS

ENCOMPASS INSURANCE COMPANY

FILED: DEPUTY CLERK:

 

 

 

PETITION FOR DAMAGES

The petition of Scott W. McQuaig, a person of full age of majority and resident of the Parish of

Jefferson, State of Louisiana, respectfully represents:

Defendant Encompass Insurance Company, a domestic insurer licensed to and doing business in

the State of Louisiana.

Prior to August 29, 2005, Defendant issued a policy of homeowners? insurance bearing policy
number 263 031 860, covering Plaintiff?s property at 1104 Metairie Road, Jefferson, Louisiana. As a
result of Hurricane Katrina, which hit Louisiana August 29, 2005, Plaintiff?s property suffered loss
covered under this homeowners? policy with Defendant, namely damage from wind and wind driven rain

to structure and contents.

Despite being timely noti?ed, Defendant failed to inspect Plaintiff?s damaged property until after
the 30 days allowed for adjustment under R.S. 22:658 and 22: 220, breaching their duty to plaintiffs and

rendering Defendant liable for breach of its statutory duty of good faith and fair dealing.

Defendant failed to make written offer to settle Plaintiff?s property damage claim within 30 days
of proof of loss. This renders Defendant liable for breach of its statutory duty of good faith and fair

dealing under R.S. 22:658.

IMAGED SEP 1 7

Law 
44:0 7

 

IMAGED Auszl?ezmw

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eputy Clerk

Defendant failed to make payment within 30, or 60, days of proof of loss. This was a further
breach of Defendant?s duty of good faith and fair dealing found in RS. 222658, and entitles Plaintiff to

damages.

Defendant?s evaluation and handling of this matter has been grossly negligent and in breach of its
duty of good faith and fair dealing. Furthermore, Defendant has failed to adequately value Plaintiff?s

claim based on current prices of labor and materials.

Plaintiff is entitled to damages in the form of past living expenses, moving and storage costs
during the repairs, and ?Jture living expenses during the repairs, repairs to structure, recovery of contents,

attomey?s fees, penalties and costs.

WHERFORE, petitioner prays that the defendant be duly cited and served with a copy of this
petition and, after all due proceedings are had, there be Judgment in favor of petitioner and against the
defendant, in amounts as are reasonable in the premises, including property damage, past living expenses,
future living expenses, contents loss, bad faith damages for breach of statutory duties listed above, bad
faith damages for breach of defendant?s duty of good faith and fair dealing, and penalties and attorney?s
fees, together with legal interest thereon from date of judicial demand, until paid, and for all costs of these

proceedings. Petitioner prays for a trial by jury and for all general and equitable relief.

   

7 I 
4/ 
ERIC F. Bar No. 17141
SCOTT W. MCQUAIG, Bar No. 01945
100 Lilac Street
Metairie, Louisiana 70005
Phone: (504) 836-5070
Fax: (504) 836-5079
COUNSEL FOR PLAINTIFF

 

PLEASE SERVE WITH PETITION:

Encompass Insurance Company
Through the Secretary of State
Jay Dardenne

8549 United Plaza Blvd.

Baton Rouge, LA 70809

IMAGED AUG 292007 ?64 94 25